NM Supreme Court upholds state copper rule

A state rule to protect groundwater from copper mine pollution will stand. The New Mexico Supreme Court affirmed the rule Thursday and rejected arguments from environmental groups and the New Mexico Office of the Attorney General that the rule violated the state’s Water Quality Act. In the court’s unanimous opinion, justices sided with the New Mexico Environment Department and the mining industry to uphold the 2013 copper rule. #mc_embed_signup{background:#fff; clear:left; font:14px Helvetica,Arial,sans-serif; width:100%;}
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How one influential NM powerbroker might have escaped a drunken driving charge

Just after midnight on May 20, Albuquerque Police Officer Joshua Montaño saw a luxury sedan veer into a turn bay blocked off by bright orange traffic barrels before it pulled back over a solid divider line onto an Interstate 25 frontage road. Montaño flipped on his emergency police lights and the 2004 Infiniti stopped in the parking lot of the Marriott Pyramid, a high-end hotel in Northeast Albuquerque. A veteran DWI cop who has conducted hundreds of drunken driving investigations, Montaño approached the vehicle on foot. He was armed with a slew of additional information gleaned from a police service aide and a concerned citizen: The Infiniti’s driver had swerved numerous times traveling northbound from downtown Albuquerque, he’d delayed proceeding through a green light by 10 seconds, he’d driven 10 mph under the posted speed limit, and he’d done it all with his headlights turned off. In the driver’s seat of the car was Ryan Flynn, 39, Gov. Susana Martinez’ former cabinet secretary of the New Mexico Environment Department, who left that job in 2016 to become executive director of the New Mexico Oil and Gas Association.

State moves to update oil and gas permits, while on the federal level, BLM cuts public protest period

The New Mexico Environment Department’s (NMED) Air Quality Bureau will host a hearing on Monday about proposed changes to construction permits for oil and gas facilities. The process kicked off in the summer of 2016, and the public comment period closed at the end of January. According to the department, the general construction permit codifies air protection rules for industry to “streamline the application process and to provide consistency in the oversight process.”

The issue is the latest in a line of moves that environmental groups say reverse protections for people and natural resources. Jon Goldstein, director of regulatory and legislative affairs with the Environmental Defense Fund, said that if finalized, the changes would make New Mexico’s new oil and gas construction permits among the weakest in the United States. “This is especially egregious when you consider the methane hotspot in the San Juan Basin and the importance of that issue in New Mexico,” Goldstein said.

Gold King Mine meeting scheduled for Monday

The New Mexico Gold King Mine Spill Citizens’ Advisory Committee will meet Monday evening in Farmington. According to the New Mexico Environment Department, the committee includes 11 citizen volunteers from northern New Mexico, including the Navajo Nation, and works with New Mexico’s Long-Term Impact Review Team to monitor and understand the long-term impacts of the 2015 Gold King Mine accident. While conducting exploratory cleanup work of an abandoned mine in southwestern Colorado, federal contractors hired by the U.S. Environmental Protection Agency caused 3 million gallons of wastewater to spill from the Gold King Mine into the Animas River. That river, which flows into the San Juan River in northwestern New Mexico, was contaminated with lead, arsenic and cadmium. The mine, like about 400 others in the area, was owned by a private company before being abandoned.

State board rejects petition to regulate greenhouse gases

Last week, Samantha Ruscavage-Barz, an attorney with WildEarth Guardians, asked the New Mexico Environmental Improvement Board (EIB) to establish regulations to reduce greenhouse gas emissions in the state. That board, whose members are appointed by the governor, is responsible for rules related to public health issues like air quality, food safety and hazardous waste. By a four-to-one vote, the EIB denied the petition Ruscavage-Barz brought on behalf of 28 New Mexico children and teens. But she’s hopeful that there’s room for a conversation with the New Mexico Environment Department, the agency that was moving forward with strategies to reduce greenhouse gas emissions and address the impacts of climate change just six years ago. Ruscavage-Barz said the board encouraged the group to work with the state agency and other stakeholders and come up with an enforceable plan.

Nuclear weapons contractors repeatedly violate shipping rules for dangerous materials

Plutonium capable of being used in a nuclear weapon, conventional explosives, and highly toxic chemicals have been improperly packaged or shipped by nuclear weapons contractors at least 25 times in the past five years, according to government documents. While the materials were not ultimately lost, the documents reveal repeated instances in which hazardous substances vital to making nuclear bombs and their components were mislabeled before shipment. That means those transporting and receiving them were not warned of the safety risks and did not take required precautions to protect themselves or the public, the reports say. The risks were discovered after regulators conducted inspections during transit, when the packages were opened at their destinations, during scientific analysis after the items were removed from packaging, or — in the worst cases — after releases of radioactive contaminants by unwary recipients, the Center for Public Integrity’s investigation showed. Only a few, slight penalties appear to have been imposed for these mistakes.

Perry visits NM, Interior wants your opinions–and EPA reaches out to states on clean waters rule & coal ash

U.S. Department of Energy Secretary Rick Perry traveled to New Mexico last week, visiting Los Alamos National Laboratory and the Waste Isolation Pilot Plant. The Los Alamos Daily Post reported the Perry, former governor of Texas, “praised the national labs as a whole and said every country should have at least one lab like the ones we have in the United States.”

Perry also said he was an “extension of the administration” when it comes to climate change:
“You’re going to see new ways … to use highly untechnical terms, we’re going to continue to throw some jello at the walls in different places and in different ways because from time to time, you’ll find answers to things you had no idea you were going to find solutions to,” he said. Perry praised nuclear power, did not discount the possibility of expanded nuclear weapon production and said he was surprised by how little people know about the Energy Department. In southern New Mexico, Perry toured the Energy Department’s Carlsbad Field Office and the underground nuclear waste repository.

House passes bill criminalizing false reports on utilities’ water quality

Spurred by a Four Corners-area water company that for months provided phony information to state regulators, the state House of Representatives has unanimously approved a bill making it a crime for owners or operators of public water systems to knowingly give false reports to the Environment Department. House Bill 511, sponsored by House Speaker Brian Egolf, D-Santa Fe, passed on a 66-0 vote Monday night and now goes to the Senate. There was virtually no discussion about the reason for the bill during a brief floor hearing. Complaints last year from customers of the Animas Valley Water Co. eventually prompted the state to order thousands of households to boil their water.

Air Force: Not enough interest for public KAFB fuel spill board

There isn’t enough community interest in the cleanup of the massive Kirtland Air Force Base jet fuel spill to merit the creation of a Restoration Advisory Board. That’s according to a memo sent out by the U.S. Air Force this Monday. Restoration Advisory Boards, or RABs, allow local governments and citizens to become more involved in environmental restoration issues at U.S. Department of Defense facilities. In the memo, Kirtland Commander Col. Eric Froehlich wrote that last year the executive director of Citizen Action, Dave McCoy, delivered a petition with 80 signatures, asking that the federal government create a RAB related to the jet fuel leak and cleanup.

House revisits crackdown on false water quality data

It was not necessarily a crime under New Mexico law for a utility in the Four Corners area to tell regulators its water was fine even as turbid, odorous liquid flowed to customers’ taps. But a measure to make lying to state regulators about water quality a fourth-degree felony is a step closer to becoming law. A committee in the state House of Representatives revived the issue under a new bill with a new sponsor and narrower scope, ending an impasse that had prompted finger pointing over the influence of special interest groups and had upended the usual tough-on-crime dynamics at the Capitol. On Saturday, the new House Bill 511 won bipartisan support in the House Judiciary Committee, which elected 10-2 to advance it to a vote by the full House. Republicans blocked a similar bill last month, even though it was sponsored by a GOP colleague and had the backing of the state Environment Department.